Printed Page 2270, May 2
| Printed Page 2290, May 2
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Printed Page 2270, May 2
| Printed Page 2290, May 2
| "Section 4-9-15. (A) A county council may, in lieu of providing office space and appropriations for the operation of the county legislative delegation office as required by Section 3 of Act 283 of 1975, make direct payments to members of the delegation to offset expenses incurred by the members on behalf of the delegation. The amount of such payments shall not exceed a reasonable amount necessary to provide the office and support as referenced in Section 3 of Act 283 of 1975. Each member of the delegation shall receive that proportion of the total payments made which is equal to the proportion of the population of the county that the member represents.
(B) All payments required to be made pursuant to Section 3 of Act 283 of 1975 and pursuant to subsection (A) of this section shall be made from funds distributed to the county under the State Aid to Subdivisions Act, pursuant to Section 6-27-40."
B. This section takes effect upon approval of the Governor./ Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator MARTIN desired to be recorded as voting against the adoption of the amendment.
At 1:39 P.M., Senator MARTIN assumed the Chair.
Having voted on the prevailing side, Senator LEVENTIS asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 206 (PFM\9274AC.96) proposed by Senators MATTHEWS and WASHINGTON was adopted.
On motion of Senator LEVENTIS, with unanimous consent, Amendment No. 206 was carried over and later withdrawn.
Senator LAND proposed the following Amendment No. 227 (DKA\3742HTC.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 40-7-28 SO AS TO MAKE IT LAWFUL FOR A LICENSE COSMETOLOGIST TO WORK IN A BARBER SHOP UPON OBTAINING A MASTER HAIR CARE SPECIALIST LICENSE AT AN ANNUAL FEE OF FORTY-FIVE DOLLARS.
Chapter 7, Title 40 of the 1976 Code is amended by adding:
"Section 40-7-28. Notwithstanding any other provision of law, a licensed cosmetologist may work in a barber shop upon obtaining a master hair care specialist license at an annual fee of forty-five dollars. Such licenses must be issued to persons licensed under Chapter 13 of this title upon application and payment of the applicable fee."/
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 177 (BBM\10832DW.96), which was adopted:
Amend the bill, as and if amended, Part II, Section 31, page 612, by inserting on line 36:
/TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; TO AMEND SECTIONS 16-3-1710 AND 16-3-1720, RELATING TO THE CRIMES OF HARASSMENT AND STALKING, SO AS TO MAKE IT A CRIME FOR A PERSON CONVICTED OF THESE CRIMES WHO RECEIVED LICENSING OR
SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-510. Department records relating to the registration and licensing of motor vehicles must be released only as provided in this article. A person who requests registration and licensing information must submit the request on a form provided by the department. A completed form must:
(1) contain the name and address of the person making the request, the date of the request, the reason for the request, and a statement certifying that the information requested will not be used for a purpose related to telephone marketing or telephone solicitation; and
(2) be signed by the person making the request.
Section 56-3-520. (A) The department must retain a request made pursuant to Section 56-3-510 for five years from the date of its submission.
(B) Upon a person's written request, the department must release a copy of all request forms relating to the person's records.
Section 56-3-530. The department may charge a fee for releasing information pursuant to this article. The department must promulgate regulations:
(1) providing a procedure whereby persons making repetitive requests may maintain an account with the department for the payment of fees incurred in the production of requested records;
(2) providing a procedure for electronic processing of requests; and
(3) providing for appropriate security measures to ensure that records are released only to the person identified as making the request.
Section 56-3-540. The department shall implement methods and procedures to ensure that:
(1) individuals are provided an opportunity, in a clear and conspicuous manner, to opt-out and prohibit the use of motor vehicle record information about them for distribution for surveys, marketing, and solicitations; and
SECTION 2. Section 16-3-1710 of the 1976 Code, as added by Act 94 of 1995, is amended by adding:
"(C) In addition to the penalties provided in this section, a person convicted of harassment who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both."
SECTION 3. Section 16-3-1720 of the 1976 Code, as added by Act 94 of 1995, is amended by adding:
"(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both."
SECTION 4. Item (12) of Section 30-4-40(a) of the 1976 Code, as added by Act 1 of 1995, is repealed.
SECTION 5. This act takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators PEELER, BRYAN, COURTNEY, WALDREP, GREGORY, RUSSELL, GIESE and FAIR desired to be recorded as voting against the adoption of the amendment.
I voted against Amendment No. 177 to H. 4600 due to my objection to selling lists of persons with driver's licenses.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR
On behalf of the Chairmen's Committee, Senator COURTNEY asked unanimous consent to make a motion that the Bill be made a Special Order.
The Bill was made a Special Order.
Senator MARTIN desired to be recorded as voting against the motion to make the Bill a Special Order.
Senator DRUMMOND proposed the following Amendment No. 196 (JIC\5976HTC.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2125 SO AS TO PROHIBIT PRICE INCREASES ON PRODUCTS OR SERVICES FOR THE PURPOSE OF RECAPTURING SALES OR USE TAX NO LONGER DUE AS A RESULT OF EXEMPTING THE PRODUCT OR SERVICE FROM SALES TAX.
A. Article 21, Chapter 36, Title 12 of the 1976 Code is amended by adding:
"Section 12-36-2125. If a product or service is exempted in whole or in part from the sales and use tax, then the retailer may not increase the price of the product or service for the purpose of recapturing any of the amount added to the sale price for sales or use tax. When the retailer does not separately add the tax to the sales price, then the sales price must be reduced by an amount equivalent to the tax formerly included."
B. This section takes effect July 1, 1996./
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator ELLIOTT raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senator DRUMMOND spoke on the Point of Order.
Senator LEVENTIS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator DRUMMOND moved that the amendment be adopted.
Senator WILSON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator DRUMMOND proposed the following Amendment No. 43A (4600R252.JWD), which was adopted:
Amend the bill, as and if amended, Part II, Section 33B, by striking Section 12-37-251(A) and (B) on lines 21 through 33 and inserting:
/(A) Property classified pursuant to Section 12-43-220(c) is exempt from property taxes levied for other than The State Property Tax Relief Fund shall be established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The exemption applies against millage imposed for school operations and the amount of fair market value of the homestead that is exempt from such millage must be set by the Director of the Department of Revenue and Taxation based on the amount available in the State Property Tax Relief Fund. The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund the State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization
(B) Taxing entities Taxing districts must be reimbursed, in the manner provided in Section 12-37-270 for the revenue lost as a result of the homestead exemption provided in this section except that on a per capita basis from revenues credited to the State Property Tax Relief Fund. ninety Ninety percent of the reimbursement must be paid in the last quarter of the calendar year and the balance paid no later than the succeeding April first. If amounts received by a school district pursuant to this distribution are insufficient to reimburse fully for the base year operating millage, the county shall calculate a school operating millage sufficient to make up the shortfall which must be imposed on all property classified pursuant to Section 12-43-220(c) without regard to the exemption allowed pursuant to this section. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage may be retained by the district./
Amend sections, totals and title to conform.
Senator BRYAN argued in favor of the adoption of the amendment and Senator WILSON argued contra.
Senator WILSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Cork Courson Courtney Giese Gregory Hayes Reese Russell Setzler Smith, G. Wilson
Boan Bryan Drummond Elliott Fair Ford Glover Jackson Land Leatherman Leventis Martin Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Richter Rose* Saleeby Smith, J.V. Thomas Waldrep Washington
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The reason I abstained on voting on the amendment was that it was not uniform in application to the district I represent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator WILSON argued contra to the adoption of the amendment.
At 3:10 P.M., the PRESIDENT assumed the Chair.
Senator WILSON continued arguing contra to the adoption of the amendment.
At 3:23 P.M., Senator PASSAILAIGUE moved under Rule 15A to set a time certain of 3:45 P.M., to vote on Amendment No. 43.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Ford Glover Holland Jackson Land Leventis Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Reese Rose* Saleeby Smith, J.V. Waldrep Washington
Alexander Boan Courson Courtney Elliott Fair Gregory Hayes Martin Peeler Richter Russell Setzler Smith, G. Thomas Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate with unanimous consent.
Having failed to receive the necessary vote, the motion failed.
Senator WILSON continued arguing contra to the adoption of the amendment.
At 3:34 P.M., Senator MOORE moved under Rule 3b to send for the absentee members.
Senator WILSON continued arguing contra to the adoption of the amendment.
At 3:36 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.
At 4:00 P.M., Senator PEELER asked unanimous consent to make a motion that Senator RYBERG be granted a leave of absence for the remainder of the day.
Senator McCONNELL objected.
Senator WILSON continued arguing contra to the amendment.
At 4:07 P.M., Senator PEELER asked unanimous consent to make a motion that Senator RYBERG be granted a leave of absence for the remainder of the day.
Senator LEVENTIS objected.
With Senator WILSON retaining the floor, Senator SETZLER argued contra to the adoption of the amendment.
Senator WILSON argued contra to the adoption of the amendment.
At 4:35 P.M., Senator PASSAILAIGUE moved under Rule 15A to set a time certain of 4:40 P.M., to vote on Amendment No. 43.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Drummond Elliott Fair Ford Glover Hayes Holland Jackson Land Leatherman Leventis Martin Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler
Rankin Rose* Saleeby Smith, J.V.* Waldrep Washington
Printed Page 2270, May 2
| Printed Page 2290, May 2
| This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.